Stair v. State

*172OPINION

By STEVENS, J.

Was the jury, selected as hereinbefore indicated, a legally constituted jury?

It is conceded that all of said jurors originally summoned, with one exception, were called for service beginning January 21, 1935. Under §11419-43, GC, when said jurors had served three consecutive calendar weeks, it was the mandatory duty of said court to discharge said jury, unless they were, at the expiration of said three-weeks’ period, engaged in a trial, in which event they could serve until the close of that trial; and thereafter said jurors «were prohibited from jury service until the…